S.B. No. 664

	AN ACT
	relating to the labeling of analogue and cell-cultured products.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 431, Health and Safety
	Code, is amended by adding Section 431.0805 to read as follows:
	Sec. 431.0805.  DEFINITIONS. In this subchapter:
	(1)  "Analogue product" means a food product derived by
	combining processed plant products, insects, or fungus with food
	additives to approximate the texture, flavor, appearance, or other
	aesthetic qualities or the chemical characteristics of any specific
	type of egg, egg product, fish, meat, meat food product, poultry, or
	poultry product.
	(2)  "Cell-cultured product" means a food product
	derived by harvesting animal cells and artificially replicating
	those cells in a growth medium in a laboratory to produce tissue.
	(3)  "Close proximity" means:
	(A)  immediately before or after the name of the
	product;
	(B)  in the line of the label immediately before
	or after the line containing the name of the product; or
	(C)  within the same phrase or sentence containing
	the name of the product.
	(4)  "Egg" has the meaning assigned by Section 4(g),
	Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term
	does not include an analogue product or a cell-cultured product.
	(5)  "Egg product" has the meaning assigned by Section
	4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The
	term does not include an analogue product or a cell-cultured
	product.
	(6)  "Fish" has the meaning assigned by Section 403 of
	the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not
	include an analogue product or a cell-cultured product.
	(7)  "Meat" has the meaning assigned by 9 C.F.R.
	Section 301.2. The term does not include an analogue product or a
	cell-cultured product.
	(8)  "Meat food product" has the meaning assigned by
	Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
	601(j)). The term does not include an analogue product or a
	cell-cultured product.
	(9)  "Poultry" has the meaning assigned by Section
	4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
	The term does not include an analogue product or a cell-cultured
	product.
	(10)  "Poultry product" has the meaning assigned by
	Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
	453(f)). The term does not include an analogue product or a
	cell-cultured product.
	SECTION 2.  Section 431.082, Health and Safety Code, is
	amended to read as follows:
	Sec. 431.082.  MISBRANDED FOOD. A food shall be deemed to be
	misbranded:
	(a)  if its labeling is false or misleading in any
	particular or fails to conform with the requirements of Section
	431.181;
	(b)  if, in the case of a food to which Section 411 of
	the federal Act applies, its advertising is false or misleading in a
	material respect or its labeling is in violation of Section
	411(b)(2) of the federal Act;
	(c)  if it is offered for sale under the name of another
	food;
	(d)  if it is an imitation of another food, unless its
	label bears, in prominent type of uniform size, the word
	"imitation" and immediately thereafter the name of the food
	imitated;
	(d-1)  if it is an analogue product of meat, a meat food
	product, poultry, a poultry product, an egg product, or fish,
	unless its label bears in prominent type equal to or greater in size
	than the surrounding type and in close proximity to the name of the
	product one of the following:
	(1)  "analogue";
	(2)  "meatless";
	(3)  "plant-based";
	(4)  "made from plants"; or
	(5)  a similar qualifying term or disclaimer
	intended to clearly communicate to a consumer the contents of the
	product;
	(e)  if its container is so made, formed, or filled as
	to be misleading;
	(f)  if in package form unless it bears a label
	containing:
	(1)  the name and place of business of the
	manufacturer, packer, or distributor; and
	(2)  an accurate statement, in a uniform location
	on the principal display panel of the label, of the quantity of the
	contents in terms of weight, measure, or numerical count; provided,
	that under this subsection reasonable variations shall be
	permitted, and exemptions as to small packages shall be
	established, by department rules;
	(g)  if any word, statement, or other information
	required by or under the authority of this chapter to appear on the
	label or labeling is not prominently placed thereon with such
	conspicuousness (as compared with other words, statements,
	designs, or devices in the labeling) and in such terms as to render
	it likely to be read and understood by the ordinary individual under
	customary conditions of purchase and use;
	(h)  if it purports to be or is represented as a food
	for which a definition and standard of identity has been prescribed
	by federal regulations or department rules as provided by Section
	431.245, unless:
	(1)  it conforms to such definition and standard;
	and
	(2)  its label bears the name of the food
	specified in the definition and standard, and, in so far as may be
	required by those regulations or rules, the common names of
	ingredients, other than spices, flavoring, and coloring, present in
	such food;
	(i)  if it purports to be or is represented as:
	(1)  a food for which a standard of quality has
	been prescribed by federal regulations or department rules as
	provided by Section 431.245, and its quality falls below such
	standard unless its label bears, in such manner and form as those
	regulations or rules specify, a statement that it falls below such
	standard; or
	(2)  a food for which a standard or standards of
	fill of container have been prescribed by federal regulations or
	department rules as provided by Section 431.245, and it falls below
	the standard of fill of container applicable thereto, unless its
	label bears, in such manner and form as those regulations or rules
	specify, a statement that it falls below such standard;
	(j)  unless its label bears:
	(1)  the common or usual name of the food, if any;
	and
	(2)  in case it is fabricated from two or more
	ingredients, the common or usual name of each such ingredient, and
	if the food purports to be a beverage containing vegetable or fruit
	juice, a statement with appropriate prominence on the information
	panel of the total percentage of the fruit or vegetable juice
	contained in the food; except that spices, flavorings, and colors
	not required to be certified under Section 721(c) of the federal
	Act, other than those sold as such, may be designated as spices,
	flavorings, and colors, without naming each; provided that, to the
	extent that compliance with the requirements of this subdivision is
	impractical or results in deception or unfair competition,
	exemptions shall be established by department rules;
	(k)  if it purports to be or is represented for special
	dietary uses, unless its label bears such information concerning
	its vitamin, mineral, and other dietary properties as the executive
	commissioner determines to be, and by rule prescribed, as necessary
	in order to fully inform purchasers as to its value for such uses;
	(l)  if it bears or contains any artificial flavoring,
	artificial coloring, or chemical preservative, unless it bears
	labeling stating that fact; provided that, to the extent that
	compliance with the requirements of this subsection is
	impracticable, exemptions shall be established by department
	rules. The provisions of this subsection and Subsections (h) and
	(j) with respect to artificial coloring do not apply in the case of
	butter, cheese, and ice cream;
	(m)  if it is a raw agricultural commodity that is the
	produce of the soil and bears or contains a pesticide chemical
	applied after harvest, unless the shipping container of the
	commodity bears labeling that declares the presence of the chemical
	in or on the commodity and the common or usual name and the function
	of the chemical, except that the declaration is not required while
	the commodity, after removal from the shipping container, is being
	held or displayed for sale at retail out of the container in
	accordance with the custom of the trade;
	(n)  if it is a product intended as an ingredient of
	another food and if used according to the directions of the purveyor
	will result in the final food product being adulterated or
	misbranded;
	(o)  if it is a color additive, unless its packaging and
	labeling are in conformity with the packaging and labeling
	requirements applicable to the color additive as may be contained
	in regulations issued under Section 721 of the federal Act;
	(p)  if its packaging or labeling is in violation of an
	applicable regulation issued under Section 3 or 4 of the federal
	Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472 or 1473);
	(q)(1)  if it is a food intended for human consumption
	and is offered for sale, unless its label or labeling bears
	nutrition information that provides:
	(A)(i)  the serving size that is an amount
	customarily consumed and that is expressed in a common household
	measure that is appropriate to the food; or
	(ii)  if the use of the food is not
	typically expressed in a serving size, the common household unit of
	measure that expresses the serving size of the food;
	(B)  the number of servings or other units of
	measure per container;
	(C)  the total number of calories in each
	serving size or other unit of measure that are:
	(i)  derived from any source; and
	(ii)  derived from fat;
	(D)  the amount of total fat, saturated fat,
	cholesterol, sodium, total carbohydrates, complex carbohydrates,
	sugar, dietary fiber, and total protein contained in each serving
	size or other unit of measure; and
	(E)  any vitamin, mineral, or other nutrient
	required to be placed on the label and labeling of food under the
	federal Act; or
	(2)(A)  if it is a food distributed at retail
	in bulk display cases, or a food received in bulk containers, unless
	it has nutrition labeling prescribed by the secretary; and
	(B)  if the secretary determines it is
	necessary, nutrition labeling will be mandatory for raw fruits,
	vegetables, and fish, including freshwater or marine finfish,
	crustaceans, mollusks including shellfish, amphibians, and other
	forms of aquatic animal life, except that:
	(3)(A)  Subdivisions (1) and (2) do not
	apply to food:
	(i)  that is served in restaurants or
	other establishments in which food is served for immediate human
	consumption or that is sold for sale or use in those establishments;
	(ii)  that is processed and prepared
	primarily in a retail establishment, that is ready for human
	consumption, that is of the type described in Subparagraph (i),
	that is offered for sale to consumers but not for immediate human
	consumption in the establishment, and that is not offered for sale
	outside the establishment;
	(iii)  that is an infant formula
	subject to Section 412 of the federal Act;
	(iv)  that is a medical food as defined
	in Section 5(b) of the Orphan Drug Act (21 U.S.C. Section 360ee(b));
	or
	(v)  that is described in Section 405,
	clause (2), of the federal Act;
	(B)  Subdivision (1) does not apply to the
	label of a food if the secretary determines by regulation that
	compliance with that subdivision is impracticable because the
	package of the food is too small to comply with the requirements of
	that subdivision and if the label of that food does not contain any
	nutrition information;
	(C)  if the secretary determines that a food
	contains insignificant amounts of all the nutrients required by
	Subdivision (1) to be listed in the label or labeling of food, the
	requirements of Subdivision (1) do not apply to the food if the
	label, labeling, or advertising of the food does not make any claim
	with respect to the nutritional value of the food, provided that if
	the secretary determines that a food contains insignificant amounts
	of more than half the nutrients required by Subdivision (1) to be in
	the label or labeling of the food, the amounts of those nutrients
	shall be stated in a simplified form prescribed by the secretary;
	(D)  if a person offers food for sale and has
	annual gross sales made or business done in sales to consumers that
	is not more than $500,000 or has annual gross sales made or business
	done in sales of food to consumers that is not more than $50,000,
	the requirements of this subsection do not apply to food sold by
	that person to consumers unless the label or labeling of food
	offered by that person provides nutrition information or makes a
	nutrition claim;
	(E)  if foods are subject to Section 411 of
	the federal Act, the foods shall comply with Subdivisions (1) and
	(2) in a manner prescribed by the rules; and
	(F)  if food is sold by a food distributor,
	Subdivisions (1) and (2) do not apply if the food distributor
	principally sells food to restaurants or other establishments in
	which food is served for immediate human consumption and the food
	distributor does not manufacture, process, or repackage the food it
	sells;
	(r)  if it is a food intended for human consumption and
	is offered for sale, and a claim is made on the label, labeling, or
	retail display relating to the nutrient content or a nutritional
	quality of the food to a specific disease or condition of the human
	body, except as permitted by Section 403(r) of the federal Act; or
	(s)  if it is a food intended for human consumption and
	its label, labeling, and retail display do not comply with the
	requirements of Section 403(r) of the federal Act pertaining to
	nutrient content and health claims.
	SECTION 3.  Subchapter C, Chapter 433, Health and Safety
	Code, is amended by adding Section 433.0415 to read as follows:
	Sec. 433.0415.  LABELING CELL-CULTURED PRODUCT. (a) In
	this section:
	(1)  "Cell-cultured product" has the meaning assigned
	by Section 431.0805.
	(2)  "Close proximity" means:
	(A)  immediately before or after the name of the
	product;
	(B)  in the line of the label immediately before
	or after the line containing the name of the product; or
	(C)  within the same phrase or sentence containing
	the name of the product.
	(b)  A cell-cultured product must be labeled in prominent
	type equal to or greater in size than the surrounding type and in
	close proximity to the name of the product using one of the
	following:
	(1)  "cell-cultured";
	(2)  "lab-grown"; or
	(3)  a similar qualifying term or disclaimer intended
	to clearly communicate to a consumer the contents of the product.
	(c)  The provisions of this subchapter apply to a
	cell-cultured product, as applicable.
	SECTION 4.  As soon as practicable after the effective date
	of this Act, the executive commissioner of the Health and Human
	Services Commission shall adopt any rules necessary to implement
	the changes in law made by this Act.
	SECTION 5.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 664 passed the Senate on
	April 20, 2023, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 664 passed the House on
	May 2, 2023, by the following vote:  Yeas 140, Nays 0, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor